Judge rules Birmingham pub bombings journalist won't have to reveal sources to police

A judge at The Old Bailey has ruled a Birmingham pub bombings journalist won't have to reveal sources from his investigation to West Midlands Police.

The force launched a legal bid forcing Chris Mullin to hand over his notes into the 1974 attacks in the city which killed 21 people. West Midlands Police used the Terrorism Act to bring the production order application as the force maintains the information could solve who was behind the atrocities on two pubs.

In his book Error Of Judgement, and a series of documentaries, Mr Mullin helped exonerate the 'Birmingham Six' after their convictions were quashed in 1991.

He said that if the application were to succeed, it would "set a precedent which could be used to undermine the freedom of journalists to investigate alleged miscarriages of justice and other matters in cases involving terrorism".

He added that protecting sources is "a fundamental principle of investigative journalism".

James Lewis QC, representing West Midlands Police, told the Old Bailey that Mr Mullin refuses to identify the man - referred to in court as AB - "because he says he promised AB he would not reveal his identity".

He described the confession from AB as voluntary, accurate and reliable, adding: "In short it is a full confession to the murders."

A "landmark" for freedom of expression

Handing down his ruling on this morning (22nd March), the Recorder of London Judge Mark Lucraft said: "I decline to grant the production order sought."

Mr Mullin said: "I am grateful to Judge Lucraft for his decision.

"The right of a journalist to protect his or her sources is fundamental to a free press in a democracy. My actions in this case were overwhelmingly in the public interest.

"They led to the release of six innocent men after 17 years in prison, the winding up of the notorious West Midlands Serious Crimes Squad and the quashing of a further 30 or so wrongful convictions.

"This case also resulted in the setting up a Royal Commission which, among other reforms, led to the setting up of the Criminal Cases Review Commission and the quashing of another 500 or more wrongful convictions.

"My investigation is also the main reason why the identity of three of the four bombers is known.

"Finally, I am grateful to the National Union of Journalists for their unswerving support and also to my legal representatives, Louis Charalambous and Gavin Millar QC."

Mr Mullin's solicitor said the judgment was a "landmark" for freedom of expression.

"If a confidential source cannot rely on a journalist's promise of lifelong protection then these investigations will never see the light of day."

The Birmingham pub bombings campaign group, Justice4the21, has responded to the ruling saying its members will continue to fight for justice.

The group is made up of members who lost loved ones in 1974, and they continue to campaign to put those responsible behind bars.

Speaking to us, founder Julie Hambleton says they'll fight "with every breath that is in our body" to get the right answers. Julie, whose sister Maxine died in the bombings, cast doubt on the investigation by West Midlands Police and once again urged the Government to introduce an inquiry into the attacks.

West Midlands Police will consider verdict "carefully"

Following the ruling, West Midlands Police provided us with the following comment from Assistant Chief Constable, Matt Ward;

“This was a complex issue balancing the need to pursue all significant lines of enquiry related to the 1974 Birmingham pub bombings against the rights of journalists to keep the sources of their information confidential. The court has given its independent judgement which we will now consider carefully.

“West Midlands Police remains committed to bringing to justice those responsible for the murder of 21 innocent victims.”